Legal Question in Real Estate Law in New York

My rental lease was up December 1. The landlords son give us a lease at the end of December. He accepted my rent check for January on January 1. I don't want to sign a new lease I like to stay month to month because there is a strong possibility that I may move to Florida. Can he evict us for not renewing the lease? He had no problem accepting my money. Now he left a threatening message, taking legal action. Is this even legal for him to do?


Asked on 1/05/11, 5:52 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The landlord's acceptance of the rent made you a month to month tenant. You appear to be secure through March 1: L could serve you with a notice to quit; that would be effective as of Feb 1; you get a month's notice; L can start the eviction proceeding on March 1. Or you can sign the lease. Your choice.

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Answered on 1/10/11, 7:50 pm


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